A healthy debate going... YES!!! And I for one love it!!!
"Mermaid is partially right in that an Executive Session can be used to consider the conduct of an employee, as stated in the Bylaws about the ambit of an Executive Session" I AGREE !
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"A bad act is a bad act, no matter how many times it is committed or by whom." I AGREE!
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"However, hppwatchdog is right that 414D has no mention of what can or should be included (or not) in the Bylaws for the domain of an Executive session. Therefore, the Bylaws are the final authority on this question (personnel issues, matters of litigation, or matters of attorney/client privilege)."
-------------------------------------------------------------------- YES!, I AGREE!!!!
"Any policy, handbook, memorandum, etc. must comply with the Bylaws, or they, too, are a waste of time, paper, ink and electricity. Any attempt to justify actions not sanctioned by the Bylaws (both positively and negatively) could be considered an effort intended to contravene those Bylaws."
" YES AGREE!!! negligence? willful misconduct? WE DON'T NEED THIS !!!!!
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Mermaid writes
"An attorney won't be consulted by the BLC until all proposed amendments are completed and that is a way's away."
This is not in the abstract or the future.....What started this conversation was my receipt of a document from our office that need not be passed out or considered valid.
The board received from me in writing my position of any memorandum or policy granting our Board AUTHORITY to enter into Executive Session for the purpose of "Behavior allegation" (Board member, Association member). In writing , I requested that they consult an attorney before engaging in such activity NOW. ( I consider my written correspondence to our Board members of record a "Consider yourself Duly notified" heads up. Their actions are their choice).
Mermaid I have served on the bylaw committee that worked on more than one change. It was NOT MY experience that an attorney automatically be consulted !! On one particular proposed change, I dug in my heals with 2 points. (1) I believed property owners who either had their plans approved by the county or were in the process of approval be exempt . (2) The method of enforcement chosen by our committee was to impose fines , then if left unpaid , foreclosure.
I requested an attorney and was told it was not in our budget....we didn't have one
The 2 points were considered by the committee and changes were made .I was on board with what our committee was recommending. It was passed by our association, "adopted" and can be found on page 26 of our bylaws, Article XIII Road Policies. However, To this day I do not know if an attorney was ever consulted .
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Janet writes
"Would it not make sense to contract that attorney to examine all the Bylaws (current and the proposed changes) in comparison to HRS 414D?
There could be many things that this Bylaws Committee - and anyone who might have sent suggested changes to it - may have missed. Such omissions could lead to future adverse actions."
Yes!! Agree that there is potential of future adverse actions .
One remedy would be to hire an attorney......another could be to join an organization whose specific purpose is to assist non profit organizations. Many compliance issues could be addressed with such an organization .
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dw12345 writes
"I have an idea, concentrate on paving the roads (the only real thing the board is empowered to do) and leave all the bs for when that is done."
I would agree and add
follow the HPPOA business/fiscal Schedule in compliance with our Bylaws. This is also your mandate and your oath.
